RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 July 2004
      DOCKET NUMBER:  AR2004100782


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Ms. Gail J. Wire                  |     |Member               |
|     |Mr. William D. Powers             |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show he
received three awards of the Purple Heart.

2.  The applicant states that he was wounded the first time in November
1966, the second time on 10 October 1967, and the third time during TET in
1968.  He found the medic who treated him in 1967 but has yet to find the
people who treated him the other times.

3.  The applicant provides a description of the battle at Landing Zone Colt
on    10 October 1967; his Silver Star orders; the Silver Star orders of
the medic who treated him on 10 October 1967 a statement from the medic; a
statement from another fellow soldier during the action on 10 October 1967;
his Purple Heart citation for wounds received in November 1966; and his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   4 November 1968.  The application submitted in this case was
received on       12 November 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 5 November 1965.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11B (Light Weapons Infantryman).
He completed basic airborne training.

4.  The applicant arrived in Vietnam and was assigned to Headquarters and
Headquarters Company (HHC), 11th Aviation Group, 1st Air Cavalry Division
on 17 May 1966.  On 26 May 1966, he was transferred to Company C, 1st
Battalion, 8th Cavalry, 1st Air Cavalry Division.  On 18 August 1966, he
was transferred to HHC, 1st Battalion, 8th Cavalry, 1st Air Cavalry
Division.

5.  The applicant provides a citation that shows he was awarded the Purple
Heart for wounds received on 12 November 1966.  His DA Form 20 (Enlisted
Qualification Record) also shows he was wounded in 1966.  This is the only
wound entry on his DA Form 20.

6.  The applicant was awarded the Army Commendation Medal on 1st Cavalry
Division (Airmobile) General Orders Number 2479 dated 10 December 1966.

7.  On 1 March 1967, the applicant was transferred back to Company C, 1st
Battalion, 8th Cavalry, 1st Air Cavalry Division.  On 28 May 1967, he was
transferred back to HHC, 11th Aviation Group, 1st Air Cavalry Division.

8.  The applicant was awarded the Silver Star on 1st Cavalry Division
(Airmobile) General Orders Number 6843 dated 14 November 1967 for gallantry
in action on 10 October 1967 while in support of the forward command post
of the 5th Battalion, 7th Cavalry.  The citation does not mention that he
was wounded during this action.

9.  Staff Sergeant K___, the medical aidman with HHC, 5th Battalion, 7th
Cavalry, also received a Silver Star for the action on 10 October 1967.
Staff Sergeant K___ stated, in a statement on the reverse of his Silver
Star orders, that the applicant personally killed about ten of the
infiltrating enemy while securing the landing zone.  In doing so, he was
wounded on the back of his head by shrapnel from a rock that had been hit
by a mortar.  Despite the wound, the applicant fought on until morning.  He
dressed the applicant's wound and sent him to the 15th Medical Battalion to
get the wound sutured.  After being sutured, the applicant heard they were
under attack again and returned to the landing zone.  The personnel at the
emergency tent failed to get the proper information from the applicant, no
doubt because of the large number of wounded sent in.  Later that morning
the applicant was awarded the Silver Star and a Purple Heart. However, they
had more wounded than anticipated and the applicant returned his medal to
be given elsewhere.  He was assured it would be reissued later.

10.  The applicant was awarded the Bronze Star Medal with "V" device on 1st
Cavalry Division (Airmobile) General Orders Number 6131 dated 24 June 1968
for heroism on 15 February 1968.  The citation does not mention that he was
wounded during this action.

11.  The applicant was awarded the Air Medal on 1st Cavalry Division
(Airmobile) General Orders Number 7053 dated 2 July 1968.

12.  The applicant departed Vietnam on 17 July 1968 after being credited
with participation in six campaigns.
13.  On 4 November 1968, the applicant was honorably released from active
duty, in pay grade E-5, after completing 3 years of creditable active
service with no lost time.  His DA Form 20 shows that his conduct and
efficiency were rated as "excellent" throughout his enlistment and he has
no record of disciplinary actions in his records.

14.  The applicant's DA Form 20 shows that he had been awarded the Expert
Marksmanship Qualification Badges with Rifle bar, Automatic Rifle bar, and
Machine Gun bar.

15.  The applicant's separation physical shows that he was treated for
malaria while in Vietnam but does not show that he was wounded or treated
for any other injuries.  He is not listed on the Republic of Vietnam
Casualty Roster.

16.  The applicant's DD Form 214 shows he was awarded the Bronze Star
Medal, the Parachute Badge, the Vietnam Service Medal, the National Defense
Service Medal, the Pathfinder Badge, the Combat Infantryman Badge, the
Republic of Vietnam Campaign Medal with device 1960, the Silver Star, the
Purple Heart, and the Meritorious Unit Commendation.

17.  Army Regulation 600-8-22 (Military Awards) states that the Purple
Heart is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment by a
medical officer, and the medical treatment must have been made a matter of
official record.

18.  Army Regulation 600-8-22 provides for the wear of one bronze service
star on the appropriate service medal for each credited campaign.  One
silver service star will be worn in lieu of five bronze service stars.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze
“V” device indicates acts of heroism involving conflict with an armed enemy
and authorizes the bronze “V” device in conjunction with awards of the Army
Commendation Medal, the Air Medal, and the Bronze Star Medal.

20.  Army Regulation 600-8-22 provides that the bronze oak leaf cluster is
awarded to denote the second and succeeding awards of a certain
decorations, among which is the Purple Heart.

21.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service

22.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to the 1st Battalion, 8th Cavalry, the unit (less
Company A) was cited for award of the Presidential Unit Citation for the
period 21 through 22 June 1966 by Department of the Army General Orders
Number 73 dated 1968.

23.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 1st Battalion, 8th Cavalry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period     9 August 1965 through 19 May 1969 by Department
of the Army General Orders 59 dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The statements of individuals are normally inadequate as the sole basis
for an award of the Purple Heart because they do not fulfill the regulatory
requirement that there be a record of medical treatment.  However, in this
case, the supporting statement from Staff Sergeant K___, who also received
a Silver Star for the action on 10 October 1967, is accepted as credible
evidence that the applicant did in fact receive the wounds claimed on 10
October 1967 and was treated by competent battlefield medical personnel.

2.  There is no record of evidence and the applicant provides none to show
he was wounded a third time during TET in 1968.  Although he received a
Bronze Star Medal for heroism during that time period, the citation did not
mention that he was wounded.  Therefore, while there is sufficient evidence
to show the applicant should be awarded the Purple Heart with one Oak Leaf
Cluster, there is insufficient evidence to show he should be awarded the
Purple Heart with two Oak Leaf Clusters.

3.  The evidence of record shows the applicant had been awarded the Army
Commendation Medal and the Air Medal.  These awards should be added to his
DD Form 214.

4.  The evidence of record show the applicant was awarded the Bronze Star
Medal with "V" device.  His DD Form 214 should be amended to delete the
Bronze Star Medal and to show he was awarded the Bronze Star Medal with "V"
device.
5.  The applicant received participation credit for six campaigns.  His DD
Form 214 should be amended to show he is authorized to wear the Vietnam
Service Medal with one silver service star and one bronze service star.

6.  It appears the applicant met the eligibility criteria to be awarded the
Army Good Conduct Medal for the period 5 November 1965 through 4 November
1968.

7.  The evidence of record shows the applicant was awarded the Expert
Marksmanship Qualification Badges with Rifle bar, Automatic Rifle bar, and
Machine Gun bar.

8.  The applicant was assigned to a unit during a period of time that unit
was awarded the Presidential Unit Citation and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  These unit awards should be added
to his DD Form 214.

BOARD VOTE:

__kan___  __gjw___  __wdp___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

     a.  awarding him the Purple Heart with one Oak Leaf Cluster for wounds
received on 10 October 1967;

     b.  awarding him the Army Good Conduct Medal for the period 5 November
1965 through 4 November 1968; and

     c.  amending his DD Form 214 to delete the Bronze Star Medal and to
show he was awarded the Bronze Star Medal with "V" device, the second award
of the Purple Heart, the Army Commendation Medal, the Air Medal, the Army
Good Conduct Medal, the Presidential Unit Citation, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship
Qualification Badges with Rifle bar, Automatic Rifle bar, and Machine Gun
bar and to show he is authorized to wear one silver service star and one
bronze service star on the Vietnam Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
awarding him a third award of the Purple Heart.




            __Kathleen A. Newman__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100782                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040708                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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